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MEMORANDUM CIRCULARS
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MEMORANDUM CIRCULAR NO. 58 -
REITERATING AND CLARIFYING THE GUIDELINES SET FORTH IN MEMORANDUM
CIRCULAR NO. 1266 (4 NOVEMBER 1983) CONCERNING THE REVIEW BY THE OFFICE
OF THE PRESIDENT OF RESOLUTIONS ISSUED BY THE SECRETARY OF JUSTICE
CONCERNING PRELIMINARY INVESTIGATIONS OF CRIMINAL CASES
In the interest of the speedy
administration of justice, the guidelines enunciated in Memorandum
Circular No. 1266 (4 November 1983) on the review by the Office of the
President of resolutions/orders/decisions issued by the Secretary of
Justice concerning preliminary investigations of criminal cases are
reiterated and clarified.
No appeal from or petition for review of decisions/orders/resolutions
of the Secretary of Justice on preliminary investigations of criminal
cases shall be entertained by the Office of the President, except those
involving offenses punishable by reclusion perpetua to death wherein
new and material issues are raised which were not previously presented
before the Department of Justice and were not ruled upon in the subject
decision/order/resolution, in which case the President may order the
Secretary of Justice to reopen/review the case, provided, that, the
prescription of the offense is not due to lapse within six (6) months
from notice of the questioned resolution/order/decision, and provided
further, that, the appeal or petition for review is filed within thirty
(30) days from such notice.
Henceforth, if an appeal or petition for review does not clearly fall
within the jurisdiction of the Office of the President, as set forth in
the immediately preceding paragraph, it shall be dismissed outright and
no order shall be issued requiring the payment of the appeal fee, the
submission of appeal brief/memorandum or the elevation of the records
to the Office of the President from the Department of Justice.
If it is not readily apparent from the appeal or petition for review
that the case is within the jurisdiction of the Office of the
President, the appellant/petitioner shall be ordered to prove the
necessary jurisdictional facts, under penalty of outright dismissal of
the appeal or petition, and no order to pay the appeal fee or to submit
appeal brief/memorandum or to elevate the records of the case to the
Office of the President shall be issued unless and until the
jurisdictional requirements shall have been satisfactorily established
by the appellant/petitioner.
Subject to the provisions of Memorandum Order No. 73 (4 January 1993),
as amended by Memorandum Order No. 128 (2 May 1993) and Memorandum
Order No. 139 (24 June 1993), only the Executive Secretary, the Chief
Presidential Legal Counsel or the Assistant Executive Secretary for
Legal Affairs shall be authorized to sign any order for the payment of
appeal fee or the submission of appeal brief/memorandum or the
transmittal of the records to the Office of the President in all cases
covered by Memorandum Circular No. 1266 and by this
Circular.
For strict compliance.
DONE in the City of Manila,
this 30th day of June, in the year of Our Lord, Nineteen Hundred and Ninety-Three.
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